Shambhu Singh @ Shiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56823 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- RUPAULI District- Purnia ====================================================== 1.
Shambhu Singh @ Shiv Kumar Singh S/o- Late Devi Prasad Singh R/o - Basantpur, P.S - Rupauli, District - Purnia 2.
Basuki Prasad Singh S/o- Late Devi Prasad Singh R/o - Basantpur, P.S - Rupauli, District - Purnia 3.
Dinkar Singh @ Dinkar Kumar S/o- Sambhu Singh @ Shiv Kumar Singh R/o - Basantpur, P.S - Rupauli, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Dr. Sanjay Kumar Singh, Advocate For the State :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Rupauli P.S. Case No.-67 of 2025 dated 13.04.2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 118(1), 117(1), 109, 74 and 303(2) of B.N.S., 2023.
3. As per allegation, the petitioners and other coaccused have assaulted the informant and his son by lathi, danda, axe and sword, causing injury to the family members of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.56823 of 2025(3) dt.15-11-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the informant' side were outraging the modesty of the daughter of the informant on account of which altercation took place in which both sides got injury. The petitioners' side have also lodged Rupauli P.S. Case No. 68 of 2025 in regard to the same occurrence. He further submits that similarly situated coaccused persons viz., Dukhan Singh, Rabindra Singh and Ronak Kumar Singh have already got anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.07.2025, passed in Cr. Misc. No. 40723 of 2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, particularly the case and counter case and three similarly situated co-accused persons being already enlarged on anticipatory bail, this petition is allowed, directing the
Patna High Court CR. MISC. No.56823 of 2025(3) dt.15-11-2025 3/3 petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Rupauli P.S. Case No.-67 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T